Ontario Women’s Justice Network

Social assistance or ‘Ontario Works’

Ontario Works (OW) is a social assistance program that provides help if you need temporary income or employment support.This article provides general legal information about social assistance in Ontario for women experience violence or abuse.

Q. What types of welfare or social assistance programs are available in Ontario?

A. In Ontario, there are two social assistance programs:

Ontario Works (OW) provides help if you need temporary income or employment support. If you need financial support because you or your family are experiencing abuse, you can talk to an OW caseworker to see what support you may be eligible for and also what other community programs are there to help keep you safe.

The Ontario Disability Support Program provides income and employment support to people with serious health problems or disabilities.

Both OW and ODSP provide income support and employment support. Income support means you get money to help with living expenses, such as food, housing and other needs. Employment support is help to find a job or upgrade your skills.

Q. Who is eligible for Ontario Works?

A. To get income support from OW, you must qualify financially. This means that you must be in financial need and meet other rules about income and assets. If you have low or no income and you live in Ontario, you may qualify to receive Ontario Works. You can use the Ontario Works Eligibility Estimator to find out if you qualify, but you should also talk to an OW caseworker to confirm whether or not you are eligible.

To be eligible for Ontario Works, you must also be a Canadian citizen, permanent resident, refugee claimant or a convention refugee. If you are not sure whether you qualify because of your immigration status, you should talk your local legal clinic or women’s organization.

There are limits on the amount of assets you can have. Assets are anything that can be turned into cash. This includes investments, RRSPs, real estate, and money in a bank account. If you have too many assets, you may not qualify for OW because you are expected to use them to pay for your basic needs (food and shelter). If you use your assets to pay for your basic needs, you can reapply for OW once you are below the asset limit. If you have assets and you get rid of them so you will qualify for OW, you may be rejected, unless you can show why you got rid of your assets.

You will also be asked other questions to determine whether you are eligible.

Q. What kind of help can I get from social assistance?

A. You may qualify for the following benefits:

A monthly allowance for “basic needs.” This amount is based on your family size, housing costs and any income you may have. How much money you get depends on your living arrangements, size of your family and if anyone else in your family has a job and is making any money. There is a maximum amount you are allowed to receive.

A monthly drug benefit card to pay for prescription medicine.

Employment assistance. This may include referrals to training, education and employment services in the community.

If you are eligible for social assistance, there are other benefits that you might be able to access based on your specific situation. Your caseworker can also help you apply for other supports, such as the Ontario Child Benefit. You may also receive benefits such as emergency dental services or start-up money to cover the costs of moving or starting a new job.

Q. What is involved in the application process?

A. The first step in the process is to contact your local OW office, either by phone or in person. You can also start an application online. To find the online application for social assistance go to www.mcss.gov.on.ca and click “Apply Online” in the section about social assistance. When you do this, the information you enter goes to your local OW office. A worker from that office is supposed to contact you to set up an appointment within a few days.

If you decide to complete an application, you will need to attend an interview. OW will provide you with a time to meet with them at one of their offices. You may bring a community worker, friend or family member who you trust to your appointment. If it is hard for you to get to an OW office, they may be able to meet with you in your home or somewhere else in your community.

Once the meeting has taken place, the OW representative will review your application and determine if you are eligible to receive assistance. You should receive the decision regarding your eligibility in writing; ask the OW representative how long it will take.

Q. If I am experiencing domestic abuse, do I have to tell my caseworker?

A. The caseworker might not ask if you are experiencing violence or abuse, but it is important to tell your caseworker about it. Once the caseworker knows about your situation, she may ask more questions about your safety and what your future plans are. She can also provide more information about what financial and community help you can access to make your situation better. She may also give you more time to gather required information.

More time is important because if you are fleeing an abusive situation, it may be more difficult for you to gather your documents or it may be unsafe for you to get them. The caseworker can work with you to replace any needed documents.

Caseworkers might ask personal questions and it can be very upsetting. It is ok to ask for a few private moments to gather your thoughts. Remember no one is judging you and your caseworker is there to help you.

Q. What if no one knows about my situation?

A. If you are in an abusive situation and have told your caseworker, she will likely ask for “Third Party Verification“, which means confirming the situation with someone else who knows about the abuse, like a doctor, neighbour, family member, spiritual leader or the police. If you have not told anyone about the abuse, explain your situation to the caseworker or consider finding someone who you trust to help you.

Q. Do I have to apply for child support?

A. If you have children, the caseworker will talk to you about child support payments. You can get child support either through a private agreement with the father or through a court order.

If trying to get child support puts you in danger because of previous abuse – you do not have to pursue it, but you will have to provide “Third Party Verification” of the abuse. If you do not, OW will want you to pursue child support in order to receive assistance.

Q. Can I apply from a shelter?

A. Yes. People who are homeless or staying at a place rent-free (i.e., a shelter) can still qualify for the basic needs portion (food money) and then can receive the shelter portion (rent money) when they find an address. Once you are ready to move into a new place, shelter staff can help you apply for social assistance to pay for food and rent at the new address and to access start-up money.

If you do not have permanent accommodation, finding stable housing may be your primary focus. Ontario Works recognizes that you should take part in activities that will help you to secure permanent housing. Once your living condition is stable, you will be able to participate in employment assistance activities.

There are some discretionary benefits you may be qualified to receive. These include moving expenses and travel and transportation for non-health related purposes. These benefits may help you to find accommodation, but they are assessed on a case by case basis. Talk to your caseworker to determine if you are eligible.

Q. Can I apply if I’m still living with my abusive partner?

A. Yes. Even if you are not eligible for assistance, the caseworker can give you referrals to other agencies that provide services to women who experience violence or abuse (like those listed on this website). These agencies can help you make safety plans. If you find your own place, they can help you apply for assistance.

Q. What if my situation is an emergency?

A. Emergency assistance may be provided if:

You are not currently in receipt of social assistance;

You are not serving a period of ineligibility;

You have not received emergency assistance in the past six months (Note: emergency assistance may be provided more than once in a six month period for women entering an interval or transition home for abused women); and

the Administrator is satisfied, based on available information regarding living conditions, finances, employment and other relevant circumstances, that:

you have made reasonable efforts to access all other available resources;

you do not have enough money or assets, and you are unable to obtain credit to meet the basic needs and shelter needs of your family;

failure to provide the emergency assistance will result in danger to the physical health of a member of your family; or at least one dependent child being unable to continue to reside with his or her parent who requested the assistance.

You can request emergency assistance when you initially contact Ontario Works, or at any point during the application process. To receive emergency assistance you will not have to complete a full application, however, you must provide information to determine if you meet the requirements.

Emergency assistance may be provided for a period of not more than sixteen days; however, more than one payment may be issued within the sixteen day period.

Once emergency assistance has been issued for sixteen days, assistance will only continue to be provided after a full application for income assistance has been completed

Q. What documents do I need to apply for social assistance?

A. The caseworker will ask you for documents to verify the information in your application.

Proof of debts (credit card bills or advances, student loans or other loans even if from a friend or relative).

IMPORTANT! Keep copies of all the documents that you give to the OW worker. You can ask the worker to make a copy of any originals that you submit.

Your safety is important. If you have to put yourself in danger to get any of the documents, tell your caseworker and they can help you replace them without putting yourself at risk. If you do not have these documents or are having trouble finding them, ask your caseworker if there are other ways to provide the required information.

Q. Confidentiality is important. Who can access my information?

A. Ontario Works has information sharing agreements with several Ontario government ministries, as well as some other provinces, boards, tribunals and departments of the federal government. Apart from these information sharing agreements, the information you provide is confidential and is governed by provincial laws (Municipal Freedom of Information and Protection of Privacy Act) that make sure the information is protected.

You should not be asked for information that is not relevant to your eligibility for financial assistance. If you think the OW office is being unreasonable, contact your local community legal clinic.

Q. What if I was on OW in the past and my file was closed?

A. If you have received social assistance in the past, you can reapply for assistance, especially if you are in an abusive situation and need help.

Q. What if I have an overpayment?

An overpayment occurs when you receive more money than you were eligible to collect. This could happen for several reasons, including, if you forget to report assets or if you do not notify Ontario Works when your income changes. If you have an overpayment, you can still receive social assistance, but there may be a deduction to pay back the overpayment.

If you are experiencing extreme hardship as a result of the deduction, talk to your caseworker. You can ask to have the deduction amount reduced or temporarily delayed, especially if the overpayment happened because of an abusive partner.

Q. What is the Housing Stabilization Fund?

Note: In December 2012, the Community Start Up and Maintenance Benefit was discontinued.

In January 2013, the Province of Ontario, through the Community Homelessness Prevention Initiative, provided funding to municipalities to establish a discretionary housing benefit for recipients of Social Assistance (OW and/or ODSP).

In Toronto, this funding was used to create the Housing Stabilization Fund (HSF). The HSF meets the emergency housing needs of Torontonians by giving money to clients who need help with rent, rental arrears, purchasing essential furniture, energy arrears, and moving costs. The Housing Stabilization Fund is a one-year temporary measure. The City of Toronto will develop a long-term plan for 2014 and beyond

The Housing Stabilization Fund is available only to residents of Toronto, however, many communities in Ontario have a similar fund. You should talk with your OW/ODSP caseworker to find out more information about eligibility and what is available in your specific community.

Q. What happens when I start receiving benefits?

A. Once you start receiving benefits, you will have to complete an employment action plan with your caseworker. This is called the Participation Agreement. This agreement outlines the steps you will take to gain skills and find employment, which can include training, job programs and volunteering. The steps are determined by your experience and available opportunities. You are not required to participate in employment-related activities if you are 65 years old or older, are caring for a child who is less than school age, or if you have a serious illness or disability. It is very important that you understand what you are agreeing to before you sign. If you do not do what you are expected to do, your income assistance could be refused, cut off or reduced.

You will also have to complete the Consent to Disclose and Verify Information and a Canada Revenue Agency Consent. The Consent to Disclose and Verify form gives your caseworker permission to contact other agencies on your behalf. It is used to confirm the information you provided to OW or to get information that you might be having difficulty obtaining. The Canada Revenue Agency Consent is a form that allows OW to check whether the information you provide matches information that the Canada Revenue Agency has about you (for example, tax returns and government benefits paid to you).

Q. What are my responsibilities once I start receiving OW?

A. If you are receiving Ontario Works, there are certain rules you must follow. You must sign a Rights and Responsibilities Form that describes what you can and cannot do while you are getting OW income assistance. For example, you must meet with OW regularly to review your status. Unless you are exempt, you must take place in programs designed to help you find a job. You must report any and all changes to your income, assets, address, or identification to OW. Income reporting is complicated and your caseworker will explain the process to you. Some types of income will be deducted from your benefits (see below). You should ask your caseworker about how OW will treat your income.

Q. What if I disagree with an OW decision?

A. When you receive social assistance, you have rights. The caseworker should explain these too. You have the right to an appeal. This means that if you disagree with a decision by the caseworker, you can write a letter and ask for the decision to be reviewed by a supervisor or manager, or even a review committee called the Social Benefits Tribunal.

You have the right to bring someone with you to your appointments, like a counselor or someone to advocate for you.

You have the right to receive all the benefits you are eligible for, including financial and medical benefits.

Q. What can I do to make sure I receive all of the benefits and supports possible?

A. Although the rules about OW benefits are strict, your caseworker has a lot of discretion. Building a good relationship with your caseworker will help you get the most out of OW. Some caseworkers will take the time to explain the complicated rules and ensure you are receiving all of your benefits, while others may not.

If you are having problems with your caseworker or problems getting benefits that you are entitled to, you can seek legal help or bring someone with you to meetings with your caseworker. This person can be a community worker, friend or family member who you trust.

You can also learn more about the OW system and learn about your rights and responsibilities. Knowing what benefits are available will help you know what to ask for.

Other Websites:

Information on OWJN is not legal advice

OWJN contains general legal information only. OWJN does not give legal advice. If you need legal advice, you should contact a lawyer, who can help you make decisions about your legal rights. You may be eligible for legal advice from a community Legal Aid clinic.